Tag: Employment Visa

Digital Nomad Visas to the United States: What Remote Workers Should Understand

Blog post on digital nomad visa in the United States.

As remote work becomes the new norm, “digital nomad visas” have surged in popularity around the world. Countries from Portugal to Costa Rica now offer special visas that allow location-independent professionals to live abroad while working for foreign employers.

However, the United States (U.S.) does not offer a visa specific for digital nomads. Until this changes, there are several immigration options that digital nomads commonly consider in order to spend time in the U.S., each with distinct limitations and eligibility requirements.

Understanding these categories is imperative to staying compliant with U.S. immigration law.

Why Doesn’t the U.S. Have a Digital Nomad Visa?

While many countries have designed new visa categories specifically for remote workers, U.S. immigration law does not yet recognize “digital nomads” as a distinct visa class. U.S. visas are purpose-driven, meaning an applicant must fit into an existing, pre-defined category such as tourism, business visits, employment, investment, or study.

Because remote work for a foreign employer does not clearly align with traditional U.S. visa categories, digital nomads must look to other existing options that best match their activities.

B-1/B-2 Visitor Visas: WARNING!

Many digital nomads assume they can simply enter the U.S. on a B-1/B-2 visitor visa (or through the Visa Waiver Program/ESTA) while working online for a foreign company. The reality is more complicated.

The B-2 visa is for tourism, visiting friends or family, or receiving medical treatment while the B-1 visa allows certain limited business activities (meetings, conferences, negotiations); however, neither permit productive work for hire inside the U.S., even if the employer is abroad.

Digital nomads who profit from extended stays in the U.S. while working full-time online for a foreign company should be cautious. A visitor visa is not designed for people “living” in the U.S. while working, even remotely, and prolonged or repeated entries can raise questions about misuse of status.

Employment-Based Visas for Remote Workers

Digital nomads who want a long-term or more stable presence in the U.S. may consider employment-based immigration options; however, these generally require a U.S. employer or a qualifying business relationship. Common categories include:

  • H-1B (Specialty Occupations): Requires a U.S. employer sponsor and a position requiring specialized knowledge and at least a bachelor’s degree.
  • O-1 (Extraordinary Ability): Popular for creatives, entrepreneurs, and high-achieving professionals who can demonstrate sustained national or international acclaim.
  • E-2 (Treaty Investor): Available to nationals of treaty countries who invest in and operate a U.S. business. These are not suitable for employees of foreign companies but attractive for entrepreneurial nomads.
  • L-1 (Intracompany Transfers): For employees of multinational companies transferring to a U.S. branch.

These categories are not “digital nomad visas,” but for remote professionals seeking to build a long-term presence in the U.S., they may provide more secure immigration footing.

Final Thoughts

Until the United States creates a dedicated digital nomad visa remote workers must navigate a patchwork of existing visa categories. Because rules around remote work and visitor status are nuanced, digital nomads should seek expert guidance before relying on a visitor visa for extended stays.

If you’re exploring your options as a remote worker or entrepreneur, AVA can help evaluate your goals and determine the safest and most suitable U.S. immigration path.

You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of November 17, 2025

How do I withdraw a petition or application with USCIS?

Withdraw an immigration petition or application with USCIS blog post

How do I withdraw a petition or application with USCIS?

Sometimes, after an individual has submitted an application or petition to U.S. Citizenship and Immigration Services (USCIS), their plans change, and they want to withdraw it. If you need to withdraw an application or petition that you submitted to USCIS, then it is important to follow the correct procedures to avoid complications.

Why Would Somone Decide to Withdraw a Petition or Application with USCIS?

There are several common scenarios in which someone might decide to withdraw an application or petition. For example:

  • A petitioner decides not to sponsor a relative for a green card.
  • An applicant receives an offer they no longer wish to pursue.
  • A job offer tied to an employment-based visa is no longer valid.
  • You have decided to file in a different visa category.

Whatever the reason, withdrawing the application or petition must be done thoughtfully and carefully.

Who Can Make a Request to Withdraw a Petition or Application with USCIS?

It is important to note that only the person or entity that signed and submitted the application or petition can request a withdrawal. For example:

If your attorney or accredited representative has submitted a request on your behalf and has a valid G-28 on file, then they can also submit the request to withdraw.

How do I Request to Withdraw a Petition or Application with USCIS?

USCIS does not have a form for withdrawing most types of applications or petitions. Instead, you will typically need to write a letter that includes the following information:

  • Your full name and alien registration number (A-Number), if applicable
  • Receipt number of the petition or application you want to withdraw
  • Date of submission and the form type (e.g., I-130, I-485, I-140)
  • A clear statement requesting withdrawal of the specific application or petition
  • Signature of the person who filed the application
  • Mailing address and contact information

It is very important to send the withdrawal request to the USCIS service center or office that is currently processing your case. You can find this information on the receipt notice (Form I-797) you received when the application or petition was accepted.

Important Considerations

  • Once a withdrawal is processed, it cannot be undone. If you change your mind later, you most likely will need to refile and pay the fees again.
  • You won’t get a refund of any fees paid, even if the application is withdrawn before being processed.
  • USCIS is likely to use your records in future immigration decisions.
  • If you’re in the U.S., withdrawing an application like Form I-485 (adjustment of status) could affect your legal status, so it is of the utmost importance that you understand the immigration consequences before proceeding.

How to Confirm a Withdrawal

Once your withdrawal request has been processed, then USCIS may send you a written acknowledgment, but not always. If you don’t receive confirmation after a reasonable period (e.g., 30–60 days), you may want to contact USCIS via:

  • Online tools: Use your USCIS online account or Case Status tool.
  • Phone: Call the USCIS Contact Center at 1-800-375-5283.

Final Thoughts

Withdrawing an immigration petition or application is a serious step that can have a lasting impact on the petitioner or applicant. If you are unsure of how a withdrawal may impact your situation, then you should consult with an immigration attorney. This is especially important if you’re in the middle of a status change or other legal proceedings.

If you would like additional information on how to withdraw an immigration application or petition, you may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

July 22, 2025

2025 Travel Ban

2025 Travel Ban Blog Post

The United States is implementing a 2025 Travel Ban!

On June 4, 2025, President Donald Trump signed a sweeping executive order reinstating and expanding the U.S. travel ban, which will take effect at 12:01 a.m. EDT on June 9, 2025. This new policy, reminiscent of the 2017 “Muslim ban,” imposes full or partial entry restrictions on nationals from 19 countries, citing national security concerns and inadequate cooperation with U.S. visa vetting procedures.

2025 Travel Ban: Countries Affected

The executive order imposes a full entry ban on citizens from the following 12 countries:

  • Afghanistan
  • Myanmar
  • Chad
  • Republic of the Congo
  • Equatorial Guinea
  • Eritrea
  • Haiti
  • Iran
  • Libya
  • Somalia
  • Sudan
  • Yemen

Additionally, seven countries face partial restrictions, which may affect certain visa categories, including tourist (B-1/B-2), student (F, M), and exchange visitor (J) visas:

  • Burundi
  • Cuba
  • Laos
  • Sierra Leone
  • Togo
  • Turkmenistan
  • Venezuela

These restrictions apply to individuals who are outside the United States and do not hold a valid visa as of June 9, 2025.

2025 Travel Ban: Exemptions

The executive order outlines several exemptions to the travel restrictions, including:

  • Lawful permanent residents (green card holders)
  • Dual nationals traveling on a passport from a non-restricted country
  • Diplomats and U.N. representatives
  • Athletes and coaches participating in major sporting events such as the World Cup
  • Immediate Relatives of U.S. citizens
  • Refugees who have already been granted asylum
  • Afghan Special Immigrant Visas
  • Persecuted religious minorities from Iran

These exemptions aim to mitigate the impact on certain individuals and groups, but the overall scope of the ban remains extensive.

Implications for Affected Individuals

For individuals from the listed countries, the travel ban poses immediate challenges, such as:

  • Visa Applications: New visa applications from affected countries may be denied or delayed.
  • Family Reunification: Families may face prolonged separations due to the restrictions.
  • Educational Opportunities: Students from restricted countries may be unable to commence or continue studies in the U.S.
  • Business and Employment: Professionals may encounter obstacles in securing employment or conducting business in the U.S.

How AVA Global Can Help

Given the complexities of the new travel ban, individuals affected by the policy are encouraged to seek legal counsel to understand their rights and explore potential avenues for relief. Our U.S. immigration attorneys can provide guidance on:

  • Assessing eligibility for exemptions
  • Exploring alternative immigration options
  • Preparing for visa interviews and documentation
  • Challenging visa denials or delays

If you have questions or concerns on the 2025 Travel Ban, contact us today for a confidential consultation and personalized legal advice. You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of June 5, 2025

FY 2026 H-1B Lottery Open Now!

FY 2026 H-1B lottery reminder with an alarm clock.

An important reminder that the FY 2026 H-1B lottery opened last Friday and runs through noon, EST, on March 24, 2025. The H-1B visa is one of the most sought-after pathways for foreign nationals wishing to work in the United States.

What is an H-1B Visa?

An H-1B visa allows U.S. employers to temporarily hire foreign workers in specialty occupations. Typically, the job must require a bachelor’s degree or higher in a specific field, such as engineering, IT, finance, healthcare, or other technical sectors.

What is the H-1B Lottery?

The H-1B visa is subject to an annual cap, which means that there are a limited number of visas approved each year. As theses visa are highly competitive, prospective employers who are subject to the cap and hope to hire an H-1B employee must enter their beneficiary in the H-1B Lottery.

How does an Employer Register for the Lottery?

Cap subject employers must use a USCIS online account to register each beneficiary electronically for the selection process. Employers must also pay the associated registration fee of $215 for each beneficiary before the registration period ends.

If you would like assistance registering for the H-1B lottery and filing a petition for an employee in the event that your registration is drawn, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of March 11, 2025

Understanding Employment Green Cards and the PERM Process

The PERM process is essential for employers sponsoring foreign workers for green cards, ensuring no negative impact on U.S. labor. It involves job description, wage determination, recruitment, and DOL review.

WOMEN ASKING WHAT PERM IS

The Program Electronic Review Management (PERM) process is a crucial step in employment-based immigration in the United States. It is the first stage for many employers seeking to sponsor foreign nationals for a green card under employment-based preferences such as EB2 and EB3. In this article, we provide a clear and concise guide to help employers and employees navigate this process effectively.

What Is the PERM Process?

The PERM process is managed by the U.S. Department of Labor (DOL) and is designed to ensure that hiring a foreign worker will not negatively impact the job opportunities, wages, or working conditions of U.S. workers. Before an employer can file an employment-based green card petition for a foreign worker, they must first obtain a labor certification through PERM.

The PERM process involves a detailed evaluation of the job market to confirm that no qualified U.S. workers are available to fill the job and that employing a foreign worker will not adversely affect U.S. workers’ wages or working conditions.

Steps in the PERM Process

1. Job Description and Requirements

The employer must create a detailed job description that includes the duties, minimum education, experience, and special skills required. It’s critical that these requirements are bona fide and related to the job’s necessities rather than tailored to a specific individual.

2. Prevailing Wage Determination (PWD)

The employer must request a Prevailing Wage Determination from the DOL. This determines the minimum wage the employer must offer for the position, based on the job location and requirements. Employers must ensure they’re prepared to pay at least the prevailing wage to the foreign worker.

3. Recruitment Efforts

One of the most significant parts of the PERM process is demonstrating that there are no qualified U.S. workers available for the position. The employer must undertake extensive recruitment efforts, which typically include:

  • Posting the job with the state workforce agency.
  • Advertising the position in at least two Sunday editions of a widely circulated newspaper.
  • Utilizing additional recruitment methods, such as job fairs, online job boards, or professional organization advertisements, for professional positions.

The recruitment must be conducted in good faith, with the employer evaluating all applicants and documenting why U.S. workers were not suitable.

4. Filing the ETA Form 9089

Once recruitment efforts are completed and no qualified U.S. workers are found, the employer files the ETA Form 9089 with the DOL. This form documents the job requirements, recruitment steps, and reasons for rejecting U.S. applicants.

5. DOL Review and Decision

The DOL reviews the ETA Form 9089 and may conduct audits to verify compliance with PERM requirements. Audits can be random or triggered by certain factors in the application, such as unusually restrictive job requirements. Employers must respond promptly to any audit requests.

If the DOL approves the application, the employer receives a certified labor certification. If denied, the employer can request reconsideration or appeal the decision.

Important Considerations

Timelines

The PERM process can take several months to over a year, depending on factors like prevailing wage processing times, recruitment duration, and potential audits. Employers should plan their hiring timelines accordingly.

Compliance

Strict compliance with DOL regulations is essential to avoid denials or audits. Employers must maintain detailed records of recruitment efforts, applicant evaluations, and reasons for rejecting U.S. workers.

Why Is the PERM Process Important?

The PERM process plays a critical role in balancing the needs of U.S. employers and the domestic labor market. It allows employers to address genuine labor shortages while protecting the interests of U.S. workers. For foreign workers, it is often the first step toward securing permanent residency and building a long-term career in the U.S.

While the PERM process may seem daunting, understanding its requirements and following a structured approach can help ensure success. Both employers and employees benefit from meticulous preparation, transparent communication, and adherence to regulatory guidelines. Whether you’re navigating the process for the first time or seeking to refine your approach, staying informed is key to making the PERM process a smooth and rewarding experience.

If you are an employer or an employee who would like to know more about employment based green cards and PERM, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of December 13, 2024

3 Options When You Have Lost Your Job on an H-1B Visa

Woman sitting on her couch with a computer and phone.

If you have lost your job on an H-1B visa and are currently in the United States, it is important that you do not panic. Losing a job can be frightening and stressful, but you should remember that there are options available to you to navigate this challenging situation.

What is an H-1B Visa?

H-1B visas are dual-intent visas that allow U.S. companies to employ foreign workers in specialty occupations. H-1B visas provide many benefits, including the ability to work in the U.S. for up to six years; however, it is important to remember that the visa is tied to an employer. So, if you lose your job, then it will create complications with your visa status.

H-1B Grace Period

If you have lost your job on an H-1B visa, then it is important to know that you have a 60-day grace period to either change your status, find another employer or leave the U.S.

Potential Options After Job Loss

1. Find a New Employer

One of the best options if you are terminated while on an H-1B visa is to find a new employer who is willing to sponsor your visa. Although the new employer will need to file a new I-129 petition on your behalf, eligible H-1B nonimmigrants may begin working for a new employer as soon as the employer properly files a new petition requesting to amend or extend H-1B status, without waiting for the petition to be approved. For more information about H-1B portability see the USCIS H-1B Specialty Occupations page.

2. Change Your Visa Status

If you cannot find a new employer to sponsor your H-1B within the 60 day grace period, then you can consider changing your visa status. Potential change of status visa options include:

  • F-1 Student Visa: If you are interested in going back to school to further your education, then you can apply for an F-1 student visa. This visa would allow you to study in the U.S.. Additionally, it may offer opportunities for work through Optional Practical Training (OPT) after graduation.
  • B-2 Tourist Visa: If you’d like to stay in the U.S. for tourism purposes, then you can apply for a B-2 visa. It is important to note that this visa does NOT permit employment.
  • Other Employment Visas: Depending on your qualifications and circumstances, you might qualify for other employment-based visas. If you are interested in discovering what other visas you may be eligible for then you can speak with an immigration attorney to go through your options.

3. Leave the United States

If finding an new job or changing status is not an option for you, then you should leave the country within the 60 day grace period so that you do not accrue unlawful presence.

Consulting an Immigration Attorney

U.S. immigration law is highly nuanced and navigating the complexities of it can be challenging. Consulting an experienced immigration attorney can provide invaluable guidance specifically tailored to your situation. At AVA, our attorneys can help you understand the U.S. immigration options available to you at a consultation.

Although losing a job while on an H-1B visa can be overwhelming and stressful, rest assured that there are potential paths forward. Whether you choose to seek new employment, change your visa status, or ultimately leave the U.S., taking proactive steps during your grace period is critical. Please remember, you do not have to face this process alone as our kind and passionate attorneys are licensed to practice U.S. immigration law in all 50 states and at all U.S. embassies and consulates around the globe! If you’d like to schedule a consultation with AVA, please click here.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of October 8, 2024

How Can I get an R-1 Visa?

Image showing multiple religions

R-1 visas are visas for religious workers. This visa category allows foreign nationals, who are engaged in a religious occupation, to work in the United States (U.S.) on a temporary basis. For religious organizations seeking to bring overseas personnel to the U.S., it is crucial to understand the requirements and processes of the R-1 visa.

What is an R-1 Visa?

R-1 visas are non-immigrant visa for religious workers who wish to temporarily enter the U.S. to work in a religious capacity. These visas allow eligible individuals to work for an authorized religious organization in a variety of capacities, including clergy members, musicians and counselors, as long as the organization can prove that the duties of such positions are primarily religious in nature.

R-1 visa holders can stay in the U.S. for up to 2.5 years, with the option to extend their stay for another 2.5 years, for a total of five years. After this period, the applicant must live outside the U.S. for at least one year before becoming eligible for another R-1 visa.

Who Qualifies for an R-1 Visa?

To qualify for an R-1 visa, the religious worker must meet several key requirements in order for their denomination to submit a petition on their behalf:

  1. Membership in a Religious Denomination: The applicant must be a member of a religious denomination that has a bona fide nonprofit religious organization in the U.S. This membership must have lasted for at least two years before applying for the visa.
  2. Job Offer in a Religious Role: The applicant must have a job offer from a U.S.-based religious organization to perform religious work. This work must be primarily focused on religious functions and not administrative or secular duties.
  3. The Employer Must Be a Qualified Religious Organization: The employer must be a nonprofit religious organization that is exempt from taxation, or a religious organization affiliated with a tax-exempt religious denomination. They must demonstrate their eligibility by providing proof of their religious status, IRS tax-exemption documentation, and evidence that the applicant will be engaged in qualifying religious work.
  4. Intent to Work Temporarily: As the R-1 is a nonimmigrant visa, applicants must demonstrate that they intend to work in the U.S. on a temporary basis and that their stay is aligned with the R-1 visa’s purpose, rather than for permanent settlement; however, it is important to note that transitioning to permanent residency through other visa categories, such as the EB-4 special immigrant visa, is a potential pathway if the applicant meets certain criteria.

What is the R-1 Visa Application Process?

The process for obtaining an R-1 visa involves several steps, including:

  1. Employer’s Petition: The U.S.-based religious organization must file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the religious worker.
  2. USCIS Review and Decision: USCIS will review the petition to determine if the applicant and the employer meet the eligibility requirements. USCIS may request additional information or schedule a site visit to verify the religious organization’s legitimacy and operations.
  3. Visa Application: Once the petition is approved, the applicant can apply for the R-1 visa at a U.S. consulate or embassy in their home country. This step includes submitting a visa application (Form DS-160), attending a visa interview, and providing necessary documentation such as the approved Form I-129, passport, and evidence of eligibility.
  4. Entry to the U.S.: After receiving the visa is approved and placed in the religious worker’s passport, they can enter the U.S. and begin working for the religious organization. R-1 visa holders are allowed to bring their spouse and unmarried children under 21 to the U.S. under R-2 visas.

R-1 visas are a valuable resource for religious organizations seeking to enrich their communities with the expertise of foreign religious workers. By understanding the qualifications, application process, and legal responsibilities associated with this visa, both religious organizations and their prospective employees can navigate the process smoothly and focus on fulfilling their spiritual missions in the United States.

For more detailed guidance on R-1 visas, or to explore other visa options, feel free to schedule a consultation with our experienced immigration law team. Our attorneys are licensed to practice immigration law in all 50 states and at U.S. embassies and consulates throughout the world.

Please note that this information is provided for general information purposes only and is not legal advice. Engaging with this post does not create an attorney/client relationship.

Current as of September 19, 2024

Happy Independence Day 2024!

happy 4th of july – 1

Just a reminder that our offices will be closed tomorrow, July 4th, 2024 in honor of Independence Day.

The American Dream

This is a great time to remember what an important role immigrants have played throughout United States (U.S.) history. The U.S. has long been known as a place of opportunity where people from all over the world come to seek out the American Dream; therefore, immigrants have had a crucial role in developing the U.S., contributing to its diversity, economic growth, and cultural richness. For so many immigrants, Independence Day holds a special significance because it symbolizes not only the promise of opportunity, but their journey through resilience in their pursuit of life in America.

Supporting Immigrants on Their Journey

At AVA Global, we are committed to supporting immigrants as they navigate the complex legal landscape of the United States. Whether you are seeking citizenship, looking to reunite with loved ones or accepting a new job, we understand the challenges you face and are here to help you every step of the way. Our mission is to ensure that your rights are protected and that you have the opportunity to achieve your American dream. If need U.S. Immigration or Citizenship services, contact us today to schedule a consultation.

The Meaning of Freedom

As fireworks light up the sky this Fourth of July, let’s take a moment to reflect on the true meaning of freedom and independence. Let’s remember that these ideals are not just historical concepts but living principles that we must continually strive to uphold. This includes advocating for justice, equality, and opportunities for all, regardless of where they come from.

Together, we can continue to build a nation that truly lives up to its founding ideals, where liberty and justice are accessible to all.

From all of us at AVA Global, we wish you a happy and safe Fourth of July!

Please note that this information is provided for general information purposes only and is not legal advice. Engaging with this post does not create an attorney/client relationship.